A person who has an undisputed legal title in land is empowered to dispose off the property, either by sale or gift. This is the case since land is seen as a property which can be acquired and sold. While the owner of land may lawfully sell his property, nonetheless, there are some restrictions when conducting a sale.
Restrictions under Nigerian law includes;:
- Sale to a Foreigner: Section 46(1) of the Land Use Act provides that a right of occupancy cannot be transferred to a non-Nigerian without the prior approval of the National Council of State. Where you intend to transfer your real property to a foreigner, you must first seek and obtain such approval.
- When a Land is a Subject Matter of a Pending Suit: the law does not allow the sale of land that is the subject of a Pending litigation. Where there is a case in court over the lawful ownership of land, such land cannot be sold.
- Sale of Land to a Minor: For the purpose of the Land Use Act, a minor is a person below the age of 21 years. Section 7 of the Act provides that a right of occupancy cannot be transferred to a person below the age of 21 years unless the property is transferred to a trustee on the Minor’s behalf.
- Town Planning Laws: Town Planning Laws sometimes restrict the sale of land in certain situations. Where the land that is intended to be sold is to be used by the purchaser for a purpose different from what is stipulated by town Planning Laws and regulations, such sale of land is not allowed.
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